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Clinton Canady

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Clinton Canady

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Michigan 30th Circuit Court
Tenure
Present officeholder
Term ends

2028

Elections and appointments
Last elected

November 8, 2016

Education

Bachelor's

University of Michigan

Law

University of Michigan

Clinton "Clint" Canady is a judge of the 30th Circuit Court in Ingham County, Michigan. He was elected to this position on November 2, 2010, (effective the following January) to replace retired Judge James Giddings.[1][2] He ran unopposed for re-election in 2016.[3]

Biography

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Canady received his B.B.A. and J.D. from the University of Michigan. He worked as a private practice attorney for 38 years prior to his election to the circuit court in 2010.[2][4]

Elections

2016

See also: Michigan local trial court judicial elections, 2016

Michigan held general elections for local judicial offices on November 8, 2016. A primary election occurred on August 2, 2016. The candidate filing deadline for incumbents was March 21, and the deadline for non-incumbents was April 19.[5] Incumbent Clinton Canady and incumbent Joyce Draganchuk were unopposed in the 30th general election (2 open seats).[3]

30th Circuit, 2 open seats, General Election, 2016
Candidate
Green check mark transparent.png Clinton Canady Incumbent
Green check mark transparent.png Joyce Draganchuk Incumbent
Source: Michigan Department of State, "2016 General Election Official Results," November 28, 2016

2010

See also: Michigan judicial elections, 2010

Canady defeated Billie O'Berry with 56.72 percent of the vote in the general election on November 2, 2010.[6]

Selection method

See also: Nonpartisan election of judges

The 221 judges of the Michigan Circuit Courts are selected in an identical manner, each serving six-year terms. They are chosen in nonpartisan elections and must face re-election if they wish to continue serving. Candidates are placed on the ballot via nonpartisan primaries or by nominating petitions.[7] Sitting judges who reach age 70 are allowed to serve out the remainder of their term.[8]

Selection of the chief judge

The chief judges of the circuit courts are appointed by the state supreme court to two-year terms.[7]

Qualifications
To be elected to either of these courts, a judge must:[7]

  • be a qualified elector of his or her district;
  • be licensed to practice law in the state;
  • have at least five years of law practice experience; and
  • be under the age of 70.

Noteworthy cases

Michigan court rules on anonymity for bloggers

In July of 2011, the Thomas M. Cooley School of Law in Michigan, filed suit against the blogger known as Rockstar05, a former student at Cooley Law, for defamation. Rockstar05 on his blog titled, “Thomas M. Cooley Law School Scam”, catalogs his complaints against his former school concerning such issues as bar passage rates, admission standards, employment prospects, national ranking, and annual tuition.[9][10]

Cooley subpoenaed Weebly Inc., a California based company that hosts the blog, seeking the identification of Rockstar05. Weebly Inc., due to internal miscommunication, divulged Rockstar05’s email address allowing Cooley access to his real identity.[11] Rockstar05, subsequently, filed a motion for a protective order, but trial court judge Clinton Canady of the 30th Circuit Court in Ingham County, declined to grant it for “reasons stated on the record”.[11] This allowed Cooley to access and use information pertaining to the blog in their case.

On appeal, in an opinion written by Judge William C. Whitbeck, the Michigan Fourth District Court of Appeals held that the trial court had erred in declining the protective order. First, because it found that the trial court had used standards derived from New Jersey and Delaware court opinions and made them applicable to Michigan law; second, because the trial court had failed to proffer reasons on the record for its refusal to grant the protective order; and third because the trial court had made a determination that per se defamatory remarks were outside of First Amendment protections without an actual finding of fault.[11]

The Michigan Court of Appeals then remanded the case back to the trial court to determine if it has the jurisdiction to quash the California subpoena and if Rockstar05 has a right to protect his anonymity under Michigan law.[11]

See also

External links

Footnotes